Note by Steven S. Karic
Plaintiff brought suit in federal district court to enforce a maritime lien obtained for services rendered. Pursuant to rule C of the Federal Rules of Civil Procedure, plaintiff proceeded in rem against the vessel M/V Acadian Valor and joined, in personam, the ship's owner, a Louisiana corporation. Acting in accordance with rule C, the federal marshall arrested and seized the vessel without prior notice to the owner. Defendants moved to dismiss the in rem proceeding, challenging the constitutionality of rule C procedures as violative of the due process clause of the fifth amendment. Without specifically questioning the necessity of seizures in admiralty or the promulgation of rigorous rules to govern such seizures, the district court granted defendant's motion to dismiss. The court held that when a court has personal jurisdiction over the vessel owners, and the in rem seizure of the ship occurs wthout prior notice, hearing, or judicial intervention, seizure of the vessel under rule C violates basic concepts of due process. Karl Senner, Inc. v. M/V Acadian Valor, 485 F. Supp. 287 (E.D. La. 1980).
About the Author
Steven S. Karic.
Citation
55 Tul. L. Rev. 936 (1981)